My daughter is 8 weeks pregnant. She has severe morning sickness. Has missed alot of work. She has seen a doctor and he filled out papers for intermittent leave due to morning sickness. However she has not worked the required 1250 hours. Today they tell her she should just resign and come back after the baby is born. They also said they were going to coach her on attendance. They have yet to do any coaching. So the procedure is verbal, written and then a D day. Can they fire her for missing due to this morning sickness? She does try to work but is in the bathroom vomiting all the time and then ends up getting sent home. She is a cashier at a large retailer.

If she does not meet the eligibilty requirements for FMLA, which are set by Federal law and which the employer cannot change, then yes, she can be fired for excessive absences even for medical reasons. The only qualifier is that if a similarly situated employee who missed the same amount of time for a non-maternity related condition would not be fired, then your daughter cannot be fired; if the hypothetical other employee would be fired, then your daughter can be. She does not get any special privileges by virtue of being pregnant but she cannot be discriminated against on that basis either.